Delaware judge dismisses lawsuit in connection with fatal police shooting of mentally ill woman

DELAWARE– A Delaware judge on Tuesday declined to dismiss a lawsuit related to the death of a mentally ill woman who was killed by a state police officer in 2021 after she shot him with a shotgun.

Raymond Rooks alleges that state police used excessive force in shooting his 51-year-old sister, Kelly Rooks, and violated her rights under the Americans with Disabilities Act and the federal Rehabilitation Act.

At a hearing earlier this year, Assistant Attorney General Nicholas Picollelli Jr. argued that police did not intentionally discriminate against Rooks and that the lawsuit does not allege a pattern or practice of police officers mistreating people with disabilities. He also argued that the police department and its officers cannot be held vicariously liable for the actions of the officers involved in the shooting. And he claimed that police are entitled to qualified immunity from liability for actions they took in their official capacity.

In his ruling, Superior Court Judge Jeffrey Clark noted that when considering a motion to dismiss, the court must accept the factual allegations in a lawsuit as true and draw all reasonable inferences in favor of the plaintiff. He also noted that under Delaware law, an allegation in state court can survive a motion to dismiss if it is deemed “reasonably conceivable,” a less stringent hurdle than the “plausibility” pleading standard in federal court.

The lawsuit accuses Officer Dean Johnson of using excessive force in shooting Rooks and alleges that two other officers on the scene failed to intervene to stop Johnson from shooting them. The lawsuit also seeks to hold the Delaware State Police and its officers liable for the officers’ actions, alleging that the police department failed to adequately train officers on how to deal with emotionally disturbed people.

The only claim Clark dismissed was a failure to intervene claim against Cpl. Brandon Yencer. A similar claim against Trooper Jermaine Cannon, while “implausible,” was nonetheless “conceivable” and therefore survived a motion to dismiss, he said.

Patrick Gallagher, an attorney for Raymond Rooks, argued at a hearing in March that officers knew Rooks was mentally unstable because they had had several interactions with her in the days before the shooting. However, instead of trying to deescalate the situation, officers were “angry, hostile and aggressive” when they arrived, Gallagher claimed.

“It was not an emergency call for the police. It was an emergency call for medical assistance,” he said.

According to the lawsuit, Rooks suffered from bipolar disorder and an increase in the lithium dosage she took shortly before the shooting made her “more depressed, anxious and paranoid.”

A report from the Attorney General’s Office concluded that Johnson was justified in using deadly force against Rooks after she asked, “Which one of you pigs wants to die tonight?”, pointed a shotgun at Johnson, and fired. The report concluded that Johnson was reasonably in fear for his life and the lives of others when he shot Rooks.